A "class action" is defined as a lawsuit brought by one or more persons who want to represent not only themselves, but everyone else who they believe to be in the same position. In many cases, when there is some kind of fraud or misconduct that affects a group of people in a similar way, those individuals tend to look for a single firm to represent all affected parties.
Before a case can proceed as a class action, the Court determines:
- Whether there are a number of people in the same position as the plaintiff which seeks to represent the class
- Whether there are any significant differences between the claims of proposed members of the class and the plaintiff seeking to represent the class;
- Whether the plaintiff seeking to represent the class has any conflicts of interest with the class; and
- Whether the plaintiff seeking to represent the class and counsel seeking to represent the class will adequately represent the interests of the class.
If the Court determines that the case can proceed as a class action, the case progresses like any other case because resolving the claims made by the plaintiff seeking to represent the class will also resolve everyone else’s claims.
For More Information, see our Frequently Asked Questions.
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